cfr_sections
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41 rows where part_number = 73 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:18.0.1.1.2.1.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | A | Subpart A—Background and Summary | § 73.1 Purpose and scope. | EPA | [58 FR 3687, Jan. 11, 1993, as amended at 58 FR 15650, Mar. 23, 1993] | The purpose of this part is to establish the requirements and procedures for the following: (a) The allocation of sulfur dioxide emissions allowances; (b) The tracking, holding, and transfer of allowances; (c) The deduction of allowances for purposes of compliance and for purposes of offsetting excess emissions pursuant to parts 72 and 77 of this chapter; (d) The sale of allowances through EPA-sponsored auctions and a direct sale, including the independent power producers written guarantee program; and (e) The application for, and distribution of, allowances from the Conservation and Renewable Energy Reserve. (f) The application for, and distribution of, allowances for desulfurization of fuel by small diesel refineries. | |||
| 40:40:18.0.1.1.2.1.1.2 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | A | Subpart A—Background and Summary | § 73.2 Applicability. | EPA | The following parties shall be subject to the provisions of this part: (a) Owners, operators, and designated representatives of affected sources and affected units pursuant to § 72.6 of this chapter; (b) Any new independent power producer as defined in section 416 of the Act and § 72.2 of this chapter, except as provided in section 405(g)(6) of the Act; (c) Any owner of an affected unit who may apply to receive allowances under the Energy Conservation and Renewable Energy Reserve Program established in accordance with section 404(f) of the Act; (d) Any small diesel refinery as defined in § 72.2 of this chapter, and (e) Any other person, as defined in § 72.2 of this chapter, who chooses to purchase, hold, or transfer allowances as provided in section 403(b) of the Act. | ||||
| 40:40:18.0.1.1.2.1.1.3 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | A | Subpart A—Background and Summary | § 73.3 General. | EPA | Part 72 of this chapter, including §§ 72.2 (definitions), 72.3 (measurements, abbreviations, and acronyms), 72.4 (Federal authority), 72.5 (State authority), 72.6 (applicability), 72.7 (new units exemption), 72.8 (retired unit exemption), 72.9 (standard requirements), 72.10 (availability of information), and 72.11 (computation of time) of part 72, subpart A of this chapter, shall apply to this part. The procedures for appeals of decisions of the Administrator under this part are contained in part 78 of this chapter. Sections 73.3 (Definitions) and 73.4 (Deadlines), which were previously published with subpart E of this part—“Auctions, Direct Sales, and Independent Power Producers Written Guarantee”, are codified at §§ 72.2 and 72.12 of this chapter, respectively. | ||||
| 40:40:18.0.1.1.2.2.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.10 Initial allocations for phase I and phase II. | EPA | [58 FR 3687, Jan. 11, 1993, as amended at 58 FR 15650, Mar. 23, 1993; 58 FR 33770, June 21, 1993; 58 FR 40747, July 30, 1993; 62 FR 55486, Oct. 24, 1997; 63 FR 51714, Sept. 28, 1998; 70 FR 25335, May 12, 2005] | (a) Phase I allowances. The Administrator will allocate allowances to the compliance account for each source that includes a unit listed in table 1 of this section in the amount listed in column A to be held for the years 1995 through 1999. Table 1—Phase I Allowance Allocations (b) Phase II allowances. (1) The Administrator will allocate allowances to the compliance account for each source that includes a unit listed in table 2 of this section in the amount specified in table 2 column C to be held for the years 2000 through 2009. (2) The Administrator will allocate allowances to the compliance account for each source that includes a unit listed in table 2 of this section in the amount specified in table 2 column F to be held for the years 2010 and each year thereafter. (3) The owner of each unit listed in the following table shall surrender, for each allowance listed in Column A or B of such table, an allowance of the same or earlier compliance use date and shall return to the Administrator any proceeds received from allowances withheld from the unit, as listed in Column C of such table. The allowances shall be surrendered and the proceeds shall be returned by December 28, 1998. | |||
| 40:40:18.0.1.1.2.2.1.10 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | §§ 73.22-73.24 [Reserved] | EPA | |||||
| 40:40:18.0.1.1.2.2.1.11 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.25 Phase I extension reserve. | EPA | [58 FR 3687, Jan. 11, 1993] | The Administrator will initially allocate 3.5 million allowances to the Phase I Extension Reserve account of the Allowance Tracking System. Allowances from this Reserve will be allocated to units under § 72.42 of this chapter. Allowances remaining in the Phase I Extension Reserve account following allocation of all extension allowances under § 72.42 of this chapter will remain in the Reserve. | |||
| 40:40:18.0.1.1.2.2.1.12 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.26 Conservation and renewable energy reserve. | EPA | [53 FR 15714, Mar. 23, 1993] | The Administrator will allocate 300,000 allowances to the Conservation and Renewable Energy Reserve subaccount of the Acid Rain Data System. Allowances from this Reserve will be allocated to units under subpart F of this part. Termination of this Reserve and reallocation of allowances will be made under § 73.80(c). | |||
| 40:40:18.0.1.1.2.2.1.13 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.27 Special allowance reserve. | EPA | [58 FR 3687, Jan. 11, 1993, as amended at 58 FR 15714, Mar. 23, 1993; 63 FR 51765, Sept. 28, 1998; 70 FR 25335, May 12, 2005] | (a) Establishment of Reserve. (1) The Administrator will allocate 150,000 allowances annually for calendar years 1995 through 1999 to the Auction Subaccount of the Special Allowance Reserve. (2) The Administrator will allocate 250,000 allowances annually for calendar year 2000 and each year thereafter to the Auction Subaccount of the Special Allowance Reserve. (b) Distribution of proceeds. (1) Monetary proceeds from the auctions and sales of allowances from the Special Allowance Reserve (under subpart E of this part) for use in calendar years 1995 through 1999 will be distributed to the designated representative of the unit according to the following equation: unit proceeds = (Column B of table 1 of section 73.10/150,000) × total proceeds (2) Until June 1, 1998, monetary proceeds from the auctions of allowances from the Special Allowance Reserve (under subpart E of this part) for use in calendar years 2000 through 2009 will be distributed to the designated representative of each unit listed in Table 2 according to the following equation: (3) On or after June 1, 1998, monetary proceeds from the auctions of allowances from the Special Allowance Reserve (under subpart E of this part) for use in calendar years 2000 through 2009 will be distributed to the designated representative of each unit listed in Table 2 according to the following equation: (4) Monetary proceeds from the auctions of allowances from the Special Allowance Reserve (under subpart E of this part) from years of purchase from 1993 through 1998, remaining in the U.S. Treasury as a result of the surrender of allowances and return of proceeds under § 73.10(b)(3), will be distributed to the designated representative of each unit listed in Table 2 according to the following equation: (5) Monetary proceeds from the auctions of allowances from the Special Allowance Reserve (under subpart E of this part) for use in calendar years 2010 and thereafter will be distributed to the designated representative of each unit listed in Table 2 according to the… | |||
| 40:40:18.0.1.1.2.2.1.2 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.11 [Reserved] | EPA | |||||
| 40:40:18.0.1.1.2.2.1.3 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.12 Rounding Procedures. | EPA | [58 FR 3687, Jan. 11, 1993, as amended at 63 FR 51765, Sept. 28, 1998] | (a) Calculation rounding. All allowances under this part and part 72 of this chapter shall be allocated as whole allowances. All calculations for such allowances shall be rounded down for decimals less than 0.500 and up for decimals of 0.500 or greater. (b) [Reserved] | |||
| 40:40:18.0.1.1.2.2.1.4 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.13 Procedures for submittals. | EPA | [58 FR 15708, Mar. 23, 1993, as amended at 63 FR 51765, Sept. 28, 1998] | (a) Address for submittal. All submittals under this subpart shall be made by the designated representative to the Director, Acid Rain Division, (6204J), 1200 Pennsylvania Ave., NW., Washington, DC 20460 and shall meet the requirements specified in 40 CFR 72.21. (b) Appeals procedures. The designated representative may appeal the decision as to eligibility or allocation of allowances under §§ 73.18, 73.19, and 73.20, using the appeals procedures of part 78 of this chapter. | |||
| 40:40:18.0.1.1.2.2.1.5 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | §§ 73.14-73.17 [Reserved] | EPA | |||||
| 40:40:18.0.1.1.2.2.1.6 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.18 Submittal procedures for units commencing commercial operation during the period from January 1, 1993, through December 31, 1995. | EPA | [58 FR 15710, Mar. 23, 1993] | (a) Eligibility. To be eligible for allowances under this section, a unit shall commence commercial operation between January 1, 1993, and December 31, 1995, and have commenced construction before December 31, 1990. (b) Application for allowances. No later than December 31, 1995, the designated representative for a unit expected to be eligible under this provision must submit a photocopy of a signed contract for the construction of the unit. (c) Commencement of commercial operation. The Administrator will use EIA information submitted by the utility for the boiler on-line date as commencement of commercial operation. | |||
| 40:40:18.0.1.1.2.2.1.7 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.19 Certain units with declining SO | EPA | [58 FR 15710, Mar. 23, 1993, as amended at 63 FR 51765, Sept. 28, 1998] | (a) Eligibility. A unit is eligible for allowance allocations under this section if it meets the following requirements: (1) It is an existing unit that is a utility unit; (2) It serves a generator with nameplate capacity equal to or greater than 75 MWe; (3) Its 1985 actual SO 2 emissions rate was equal to or greater than 1.2 lb/mmBtu; (4) Its 1990 actual SO 2 emissions rate is at least 50 percent less than the lesser of its 1980 actual or allowable SO 2 emissions rate; (5) Its actual SO 2 emission rate is less than 1.2 lb/mmBtu in any one calendar year from 1996 through 1999, as reported under part 75 of this chapter; (6) It commenced commercial operation after January 1, 1970; (7) It is part of a utility system whose combined commercial and industrial kilowatt-hour sales increased more than 20 percent between calendar years 1980 and 1990; and (8) It is part of a utility system whose company-wide fossil-fuel SO 2 emissions rate declined 40 percent or more from 1980 to 1988. (b) [Reserved] | |||
| 40:40:18.0.1.1.2.2.1.8 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.20 Phase II early reduction credits. | EPA | [58 FR 15711, Mar. 23, 1993, as amended at 62 FR 34150, June 24, 1997] | (a) Unit eligibility. Units listed in table 2 or 3 of § 73.10 are eligible for allowances under this section if: (1) The unit is not a unit subject to emissions limitation requirements of Phase I and is not a substitution unit (under 40 CFR 72.41) or a compensating unit (under 40 CFR 72.43); (2) The unit is authorized by the Governor of the State in which the unit is located; (3) The unit is part of a utility system (which, for the purposes of this section only, includes all generators operated by a single utility, including generators that are not fossil fuel-fired) that has decreased its total coal-fired generation, as a percentage of total system generation, by more than twenty percent between January 1, 1980, and December 31, 1985; and (4) The unit is part of a utility system that during calendar years 1985 through 1987 had a weighted capacity factor for all coal-fired units in the system of less than fifty percent. The weighted capacity factor is equal to: (b) Emissions reductions eligibility. Sulfur dioxide emissions reductions eligible for allowance credits at units eligible under paragraph (a) of this section must meet the following requirements: (1) Be made no earlier than calendar year 1995 and no later than calendar year 1999; and (2) Be due to physical changes to the plant or are a result of a change in the method of operating the plant including but not limited to changing the type or quality of fuel being burned. (c) Initial certification of eligibility. The designated representative of a unit that seeks allowances under this section shall apply for certification of unit eligibility prior to or accompanying a request for allowances under paragraph (d) of this section. A completed application for this certification shall be submitted according to § 73.13 and shall include the following: (1) A letter from the Governor of the State in which the unit is located authorizing the unit to make reductions in sulfur dioxide emissions; and (2) A report listing all units in the utility system, e… | |||
| 40:40:18.0.1.1.2.2.1.9 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | B | Subpart B—Allowance Allocations | § 73.21 Phase II repowering allowances. | EPA | [53 FR 15713, Mar. 23, 1993, as amended at 63 FR 51765, Sept. 28, 1998] | (a) Repowering allowances. In addition to allowances allocated under § 73.10(b), the Administrator will allocate, to each existing unit (under § 72.44(b)(1) of this chapter) with an approved repowering extension plan, allowances for use during the repowering extension period approved under § 72.44(f)(2)(ii) of this chapter (including a prorated allocation for any fraction of a year) equal to: where: 1995 SIP = Most stringent federally enforceable State implementation plan SO 2 emissions limitation for 1995. 1995 Actual Rate = 1995 actual SO 2 emissions rate Unit's Adjusted Basic Allowances are as listed in the following table where: 1995 SIP = Most stringent federally enforceable State implementation plan SO 2 emissions limitation for 1995. 1995 Actual Rate = 1995 actual SO 2 emissions rate Unit's Adjusted Basic Allowances are as listed in the following table (b) Upon commencement of commercial operation of a new unit (under § 72.44(b)(2) of this chapter) with an approved repowering extension plan, allowances for use during the repowering extension period approved will end and allocations under § 73.10(b) for the existing unit will be transferred to the subaccounts for the new unit. (c)(1) If the designated representative for a repowering unit terminates the repowering extension plan in accordance with § 72.44(g)(1) of this chapter, the repowering allowances allocated to that unit by paragraph (a) of this section will be terminated and any necessary allowances from that unit's account forfeited, calculated in the following manner: where: Forfeiture Period = difference (as a portion of a year) between the end of the approved repowering extension and the end of the repowering extension under § 72.44(g)(1)(ii) 1995 SIP = Most stringent federally enforceable State implementation plan SO 2 emissions limitation for 1995. 1995 Actual Rate = 1995 actual SO 2 emissions rate Unit's Adjusted Basic Allowances are as listed in the table in paragraph (a) of this section. where: Forfeiture… | |||
| 40:40:18.0.1.1.2.3.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.30 Allowance tracking system accounts. | EPA | [58 FR 3687, Jan. 11, 1993; 58 FR 40747, July 30, 1993, as amended at 70 FR 25335, May 12, 2005] | (a) Nature and function of unit accounts. The Administrator will establish compliance accounts for all affected sources pursuant to § 73.31 (a) and (b). All allocations of allowances pursuant to subparts B, E, and F of this part and part 72 of this chapter, transfers of allowances made pursuant to subparts C and D, and deductions of allowances made for purposes of offsetting emissions pursuant to § 73.35 (b) and (d) and parts 72, 75, and 77 of this chapter will be recorded in the source's compliance account. (b) Nature and function of general accounts. Transfers of allowances held for any person other than an affected source, made pursuant to subparts C, D, E, F, and G of this part will be recorded in that person's general account established pursuant to § 73.31(c). | |||
| 40:40:18.0.1.1.2.3.1.2 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.31 Establishment of accounts. | EPA | [58 FR 3687, Jan. 11, 1993; 58 FR 40747, July 30, 1993, as amended at 71 FR 25378, Apr. 28, 2006; 70 FR 25335, May 12, 2005] | (a) Existing affected units. The Administrator will establish a compliance account and allocate allowances for each source that includes a unit that is, or will become, an existing affected unit pursuant to sections 404(a) or 405 of the Act and § 72.6 of this chapter. (b) New units. Upon receipt of a complete certificate of representation for the designated representative for a new unit pursuant to part 72, subpart B of this chapter, the Administrator will establish a compliance account for the source that includes the unit, unless the source already has a compliance account. (c) General accounts. (1) Any person may apply to open an Allowance Tracking System account for the purpose of holding and transferring allowances. Such application shall be submitted to the Administrator in a format to be specified by the Administrator by means of the Allowance Account Information Form, or by providing the following information in a similar format: (i) Name and title of the authorized account representative and alternate authorized account representative (if any) pursuant to § 73.33; (ii) Mailing address, telephone number and facsimile transmission number (if any) of the authorized account representative and alternate authorized account representative (if any); (iii) Organization or company name (if applicable) and type of organization (if applicable); (iv) A list of all persons subject to a binding agreement for the authorized account representative to represent their ownership interest with respect to the allowances held in the general account and which shall be amended and resubmitted within 30 days following any transaction giving rise to any change of the list of persons subject to the binding agreement; (v) A certification statement by the authorized account representative and alternate authorized account representative (if any) that reads “I certify that I was selected under the terms of an agreement that is binding on all persons who have an ownership interest with respect to allowances held in the gene… | |||
| 40:40:18.0.1.1.2.3.1.3 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.32 [Reserved] | EPA | |||||
| 40:40:18.0.1.1.2.3.1.4 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.33 Authorized account representative. | EPA | [58 FR 3691, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006] | (a) Following the establishment of an Allowance Tracking System account, all matters pertaining to the account, including, but not limited to, the deduction and transfer of allowances in the account, shall be undertaken only by the authorized account representative. (b)-(c) [Reserved] (d) General account alternate authorized account representative. Any application for opening a general account may designate one alternate authorized account representative to act on behalf of the certifying authorized account representative, in the event the authorized account representative is absent or otherwise not available to perform actions and duties under this part. The alternate shall be a natural person and shall be authorized, provided that the conditions and procedures specified in § 73.31(c)(1) are met. (1) The alternate authorized account representative may be changed at any time by the authorized account representative upon receipt by the Administrator of a new complete application as required in § 73.31(c); (2) The alternate authorized account representative shall be subject to the provisions of this part applicable to authorized account representatives; (3) Whenever the term “authorized account representative” is used in this part it shall be construed to include the alternate authorized account representative, unless such a construction would be illogical from the context; and (4) Any representation, action, inaction, or submission by the alternate authorized account representative when acting in that capacity shall be deemed to be a representation, action, inaction, or submission of the authorized account representative, with all the rights, duties, and responsibilities pertaining thereto. (e) Changes to the general account authorized account representative. An authorized account representative for a general account may be succeeded by any person who submits an application pursuant to § 73.31(c). The representations, actions, inactions, or submissions of an authorized account representative for a gener… | |||
| 40:40:18.0.1.1.2.3.1.5 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.34 Recordation in accounts. | EPA | [58 FR 3691, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 63 FR 68404, Dec. 11, 1998; 70 FR 25335, May 12, 2005] | (a) After a compliance account is established under § 73.31(a) or (b), the Administrator will record in the compliance account any allowance allocated to any affected unit at the source for 30 years starting with the later of 1995 or the year in which the compliance account is established and any allowance allocated for 30 years starting with the later of 1995 or the year in which the compliance account is established and transferred to the source with the transfer submitted in accordance with § 73.50. In 1996 and each year thereafter, after Administrator has completed the deductions pursuant to § 73.35(b), the Administrator will record in the compliance account any allowance allocated to any affected unit at the source for the new 30th year ( i.e. , the year that is 30 years after the calendar year for which such deductions are made) and any allowance allocated for the new 30th year and transferred to the source with the transfer submitted in accordance with § 73.50. (b) After a general account is established under § 73.31(c), the Administrator will record in the general account any allowance allocated for 30 years starting with the later of 1995 or the year in which the general account is established and transferred to the general account with the transfer submitted in accordance with § 73.50. In 1996 and each year thereafter, after the Administrator has completed the deductions pursuant to § 73.35(b), the Administrator will record in the general account any allowance allocated for the new 30th year ( i.e. , the year that is 30 years after the calendar year for which such deductions are made) and transferred to the general account with the transfer submitted in accordance with § 73.50. (c) Allowances in each compliance account and general account subaccounts will reflect: (1) All allowances allocated or deducted for the unit for the year pursuant to subpart B of this part; (2) All allowances allocated or deducted pursuant to §§ 72.41, 72.42, 72.43, and 72.44 and part 74 of this chapter; (3) All allowances … | |||
| 40:40:18.0.1.1.2.3.1.6 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.35 Compliance. | EPA | [58 FR 3691, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 64 FR 25842, May 13, 1999; 70 FR 25335, May 12, 2005] | (a) Allowance transfer deadline. No allowance shall be deducted for purposes of compliance with an affected source's sulfur dioxide Acid Rain emissions limitation requirements pursuant to title IV of the Act and paragraph (b) of this section unless: (1) The compliance use date of the allowance is no later than the year in which the source's SO 2 emissions occurred; and (2) The allowance is: (i) Recorded in the source's compliance account; or (ii) Transferred to the source's compliance account, with the transfer submitted correctly pursuant to subpart D of this part for recordation in the source's compliance account by not later than the allowance transfer deadline in the calendar year following the year for which compliance is being established; and (3) The allowance was not previously deducted by the Administrator in accordance with a State SO 2 mass emissions reduction program under § 51.124(o) of this chapter or otherwise permanently retired in accordance with § 51.124(p) of this chapter. (b) Deductions for compliance. (1) Except as provided in paragraph (d) of this section, following the recordation of transfers submitted correctly for recordation in the compliance account pursuant to paragraph (a) of this section and subpart D of this part, the Administrator will deduct allowances available for deduction under paragraph (a) of this section from each affected source's compliance account in accordance with the allowance deduction formula in § 72.95 of this chapter, or, for opt-in sources, the allowance deduction formula in § 74.49 of this chapter, and any correction made under § 72.96 of this chapter. (2) The Administrator will make deductions until either the number of allowances deducted is equal to the amount calculated in accordance with § 72.95 of this chapter, or, for opt-in sources, in accordance with § 74.49 of this chapter, as modified under § 72.96 of this chapter or until no more allowances available for deduction under paragraph (a) of this section remain in the compliance account. (c… | |||
| 40:40:18.0.1.1.2.3.1.7 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.36 Banking. | EPA | [58 FR 3691, Jan. 11, 1993, as amended at 70 FR 25336, May 12, 2005] | (a) Compliance accounts. Any allowance in a compliance account not deducted pursuant to § 73.35 will remain in the compliance account. (b) General accounts. In the case of a general account, any allowances in the general account not transferred pursuant to subpart D to another Allowance Tracking System account will remain in the general account. | |||
| 40:40:18.0.1.1.2.3.1.8 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.37 Account error. | EPA | [70 FR 25336, May 12, 2005] | The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Tracking System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. | |||
| 40:40:18.0.1.1.2.3.1.9 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | C | Subpart C—Allowance Tracking System | § 73.38 Closing of accounts. | EPA | [58 FR 3691, Jan. 11, 1993, as amended at 70 FR 25336, May 12, 2005] | (a) General account. The authorized account representative of a general account may instruct the Administrator to close the general account by submitting an allowance transfer, pursuant to § 73.50 and § 73.52, requesting the transfer of all allowances held in the account to one or more other accounts in the Allowance Tracking System, and by submitting in writing, with the signature of the authorized account representative, a request to close the general account. (b) Inactive accounts. If a general account shows no activity for a 12-month period or longer and does not contain any allowances, the Administrator may notify the account's authorized account representative that the account will be closed following 20 business days from the date the notice is sent. The account will be closed following the 20-day period, unless the Administrator receives and records a request for the transfer of allowances into the account pursuant to § 73.52 before the end of the 20-day period, or the authorized account representative submits, in writing, demonstration of good cause as to why the inactive account should not be closed. | |||
| 40:40:18.0.1.1.2.4.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | D | Subpart D—Allowance Transfers | § 73.50 Scope and submission of transfers. | EPA | [58 FR 3694, Jan. 11, 1993, as amended at 63 FR 68404, Dec. 11, 1998; 70 FR 25336, May 12, 2005] | (a) Scope of transfers. Except as provided in § 73.51 and § 73.52, the Administrator will record transfers of an allowance to and from Allowance Tracking System accounts. (b) Submission of transfers. (1) Authorized account representatives seeking recordation of an allowance transfer shall request such transfer by submitting to the Administrator, in a format to be specified by the Administrator, an Allowance Transfer Form. To be considered correctly submitted the request for transfer shall include: (i) The numbers identifying both the transferror and transferee accounts; (ii) A specification by serial number of each allowance to be transferred; (iii) Signatures of the authorized account representatives of both the transferror and transferee accounts; (iv) The dates of the signatures of the authorized account representatives; (v) The numbers identifying the authorized account representatives for both the transferror and transferee account; and (vi) Where the transferee account has not been established, information as required pursuant to § 73.31 (b) or (c). (2)(i) The authorized account representative for the transferee account can meet the requirements in paragraphs (b)(1)(iii) and (iv) of this section by submitting, in a format prescribed by the Administrator, a statement signed by the authorized account representative and identifying each account into which any transfer of allowances, submitted on or after the date on which the Administrator receives such statement, is authorized. Such authorization shall be binding on any authorized account representative for such account and shall apply to all transfers into the account that are submitted on or after such date of receipt, unless and until the Administrator receives a statement in a format prescribed by the Administrator and signed by the authorized account representative retracting the authorization for the account. (ii) The statement under paragraph (b)(2)(i) of this section shall include the following: “By this signature, I authorize any transfe… | |||
| 40:40:18.0.1.1.2.4.1.2 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | D | Subpart D—Allowance Transfers | § 73.51 [Reserved] | EPA | |||||
| 40:40:18.0.1.1.2.4.1.3 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | D | Subpart D—Allowance Transfers | § 73.52 EPA recordation. | EPA | [58 FR 3694, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 70 FR 25336, May 12, 2005] | (a) General recordation. Except as provided in this paragraph (a), the Administrator will record an allowance transfer by no later than five business days (or longer as necessary to perform a transfer in perpetuity of allowances allocated to a unit) following receipt of an allowance transfer request pursuant to § 73.50, by moving each allowance from the transferror account to the transferee account as specified by the request pursuant to § 73.50, provided that: (1) The transfer is correctly submitted under § 73.50; (2) The transferor account includes each allowance identified by serial number in the transfer; and (3) If the allowances identified by serial number specified pursuant to § 73.50(b)(1)(ii) are subject to the limitation on transfer imposed pursuant to § 72.44(h)(1)(i) of this chapter, § 74.42 of this chapter, or § 74.47(c) of this chapter, the transfer is in accordance with such limitation. (b) To the extent an allowance transfer submitted for recordation after the allowance transfer deadline includes allowances allocated for any year before the year in which the allowance transfer deadline occurs, the transfer of such allowance will not be recorded until after completion of the deductions pursuant to § 73.35(b) for year before the year in which the allowance transfer deadline occurs. (c) Where an allowance transfer submitted for recordation fails to meet the requirements of paragraph (a) of this section, the Administrator will not record such transfer. | |||
| 40:40:18.0.1.1.2.4.1.4 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | D | Subpart D—Allowance Transfers | § 73.53 Notification. | EPA | (a) Notification of recordation. The Administrator will notify each party to an allowance transfer within five business days following the recordation of the transfer. Notice will be given in writing or in a format to be specified by the Administrator, to the authorized account representatives of both the transferror and transferee accounts. (b) Notification of non-recordation. By no later than five business days following receipt of an allowance transfer request by the Administrator, the Administrator will notify, in writing or in a format to be specified by the Administrator, the authorized account representatives of the accounts subject to the allowance transfer request submitted for recordation of: (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of an allowance transfer request for recordation following notification of non-recordation. | ||||
| 40:40:18.0.1.1.2.5.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | E | Subpart E—Auctions, Direct Sales, and Independent Power Producers Written Guarantee | § 73.70 Auctions. | EPA | [56 FR 65601, Dec. 17, 1991, as amended at 61 FR 28763, June 6, 1996; 63 FR 5735, Feb. 4, 1998; 63 FR 51766, Sept. 28, 1998; 70 FR 25336, May 12, 2005] | (a) Allowances to be auctioned. Every year the Administrator will auction allowances from the Auction Subaccount, established pursuant to subpart B of this part, according to the following schedule: Table I—Allowance Schedule for Auctions a Not usable until 1995. b Not usable until 7 years after purchase. c Not usable until 6 years after purchase. *These are unsold advance allowances from the direct sale program for 1993, 1994, 1995, and 1996 respectively. In addition to the allowances listed above, the Administrator will auction allowances pursuant to paragraph (c) of this section and § 73.72(q) in the amounts and at the times provided for therein. (b) Timing of the auctions. The spot auction and the advance auction will be held on the same day, selected each year by the Administrator, but no later than March 31 of each year. The Administrator will conduct one spot auction and one advance auction in each calendar year. (c) Submittal for other allowances for auction. Authorized account representatives may offer allowances for sale at auction, provided that allowances are dated for the year in which they are offered or for any previous year or for seven years following the year in which they are offered. Such authorized account representatives may specify a minimum price for the allowances offered at the auctions. The authorized account representative must notify the Administrator fifteen business days prior to the auctions, using the SO 2 Allowance Offer Form published by the Administrator, or by means of electronic communication if the Administrator, following public notice, so requires or permits at some future time. The notification shall include: (1) The compliance use date of the allowances offered; (2) The number of allowances to be sold and any other information identifying the allowances offered that may be required by subpart C of this part; (3) Any minimum price; and (4) Whether the authorized account representative is willing to sell fewer allowances than the number stated in para… | |||
| 40:40:18.0.1.1.2.5.1.2 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | E | Subpart E—Auctions, Direct Sales, and Independent Power Producers Written Guarantee | § 73.71 Bidding. | EPA | (a) Who may participate in the auctions. Any person may participate in the auctions by submitting a bid or bids pursuant to this section. (b) Bidding. Sealed bids shall be sent to the Administrator using the Bid Form for SO 2 Allowance Auctions, or some method of electronic transfer if the Administrator, following public notice, so requires or permits at some future time. The bid form shall state: (1) The number of allowances sought and the price; (2) Whether spot or advance allowances are sought; (3) Allowance Tracking System account number; (4) Whether the bidder is willing to purchase fewer allowances than the number of allowances stated in (b)(1) of this section if the full amount is not available. Where the bidder holds no Allowance Tracking System account, a New Account/New Authorized Account Representative Form must accompany the bid. New account information shall include at a minimum: Name, address, telephone number, facsimile number, organization or company name (if applicable), type of organization, and the authorized account representative for purposes of the account. (c) Payment. Each bid must include a certified check or letter of credit for the total bid price, or may specify a method of electronic transfer or other method of payment, if the Administrator, following public notice, so requires or permits at some future time. The certified check should be made payable to the U.S. EPA. To meet the requirements of this paragraph bidders must submit a completed SO 2 Allowance Auction Letter of Credit Form. If such Form is used, the Administrator must receive full payment for allowances awarded at the auctions, either by wire transfer or certified check, no later than 2 business days after the results of the auction are announced in the Allowance Tracking System. (d) Bid amount and number of bids. Bidders may request any number of allowances up to the amount of allowances available for auction. Any person may submit more than one bid in each auction, provided that each bid meets the requi… | ||||
| 40:40:18.0.1.1.2.5.1.3 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | E | Subpart E—Auctions, Direct Sales, and Independent Power Producers Written Guarantee | § 73.72 Direct sales. | EPA | [61 FR 28763, June 6, 1996] | Allowances that were formerly part of the direct sale program, which has been terminated under § 73.73(b), will be included in the annual allowance auctions in accordance with § 73.70(a). | |||
| 40:40:18.0.1.1.2.5.1.4 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | E | Subpart E—Auctions, Direct Sales, and Independent Power Producers Written Guarantee | § 73.73 Delegation of auctions and sales and termination of auctions and sales. | EPA | (a) Delegation. The Administrator may, in the Administrator's discretion, by delegation or contract provide for the conduct of sales or auctions under the Administrator's supervision by other departments or agencies of the United States Government or by nongovernmental agencies, groups, or organizations. (b) Termination of sales. If the Administrator determines that, during any period of 2 consecutive calendar years, fewer than 20 percent of the allowances available in the subaccount for direct sales have been purchased, the Administrator shall terminate the Direct Sale Subaccount and transfer such allowances to the Auction Subaccount. (c) Termination of auctions. The Administrator may, in the Administrator's discretion, terminate the withholding of allowances and the auctions if the Administrator determines, that, during any period of 3 consecutive years after 2002, fewer than 20 percent of the allowances available in the Auction Subaccount have been purchased. | ||||
| 40:40:18.0.1.1.2.6.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.80 Operation of allowance reserve program for conservation and renewable energy. | EPA | [58 FR 3695, Jan. 11, 1993; 58 FR 40747, July 30, 1993] | (a) General. The Administrator will allocate allowances from the Conservation and Renewable Energy Reserve (the “Reserve”) established under subpart B based on verified kilowatt hours saved through the use of one or more qualified energy conservation measures or based on kilowatt hours generated by qualified renewable energy generation. Allowances will be allocated to applicants that meet the requirements of this subpart according to the formulas specified in § 73.82(d), and in the order in which applications are received, except where provided for in § 73.84 and § 73.85, until a total of 300,000 allowances have been allocated. (b) Period of applicability. Allowances will be allocated under this subpart for qualified energy conservation measures or renewable energy generation sources that are operational on or after January 1, 1992, and before the date on which any unit owned or operated by the applicant becomes a Phase I unit or a Phase II unit. (c) Termination of the Reserve. The Administrator will reallocate any allowances remaining in the Reserve after January 2, 2010 to the affected units from whom allowances were withheld by the Administrator, in accordance with section 404(g), for purposes of establishing the Reserve. Each unit's allocation under this paragraph will be calculated as follows: (Allowances will be rounded to the nearest allowance) (Allowances will be rounded to the nearest allowance) | |||
| 40:40:18.0.1.1.2.6.1.2 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.81 Qualified conservation measures and renewable energy generation. | EPA | [58 FR 3695, Jan. 11, 1993; 58 FR 40747, July 30, 1993] | (a) Qualified energy conservation measures. A qualified energy conservation measure is a demand-side measure not operational until the period of applicability, implemented in the residence or facility of a customer to whom the utility sells electricity, that: (1) Is specified in appendix A(1) of this subpart; or (2) In the case of a device or material that is not included in appendix A(1) of this subpart, (i) Is a cost-effective demand-side measure consistent with an applicable least-cost plan or least-cost planning process that increases the efficiency of the customer's use of electricity (as measured in accordance with § 73.82(c)) without increasing the use by the customer of any fuel other than qualified renewable energy, industrial waste heat, or, pursuant to paragraph (b)(5) of this section, industrial waste gases; (ii) Is implemented pursuant to a conservation program approved by the utility regulatory authority, which certifies that it meets the requirements of paragraph (a)(2)(i) of this section and is not excluded by paragraph (b) of this section; and (iii) Is reported by the applicant in its application to the Reserve. (b) Non-qualified energy conservation measures. The following energy conservation measures shall not qualify for Allowance Reserve allocations: (1) Demand-side measures that were operational before January 1, 1992; (2) Supply-side measures; (3) Conservation programs that are exclusively informational or educational in nature; (4) Load management measures that lead to economic reduction of electric energy demand during a utility's peak generating periods, unless kilowatt hour savings can be verified by the utility pursuant to § 73.82(c); or (5) Utilization of industrial waste gases, unless the applicant has certified that there is no net increase in sulfur dioxide emissions from such utilization. (c) Qualified renewable energy generation. Qualified renewable energy generation is electrical energy generation, not operational until the period of applicability, that: (1) Is… | |||
| 40:40:18.0.1.1.2.6.1.3 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.82 Application for allowances from reserve program. | EPA | [58 FR 3695, Jan. 11, 1993; 58 FR 40747, July 30, 1993] | (a) Application Requirements. Each application for Conservation and Renewable Energy Reserve allowances, shall: (1) Certify that the applicant is a utility; (2) Demonstrate that the applicant, any subsidiary of the applicant, or any subsidiary of the applicant's holding company, is an owner or operator, in whole or in part, of at least one Phase I or Phase II unit by including in the application the name and Allowance Tracking System account number of a Phase I or Phase II unit which it owns or operates and for which it is listed as an owner or operator on the certificate of representation submitted by the designated representative for the unit pursuant to § 72.20 of this chapter; (3) Through certification, demonstrate that the applicant is paying in whole or in part for one or more qualified energy conservation measures or qualified renewable energy generation (that became operational during the period of applicability) either directly or through payment to another person that purchases the qualified energy conservation measure or qualified renewable energy generation; (4) Demonstrate that the applicant is subject to a least cost plan or a least cost planning process that: (i) provides an opportunity for public notice and comment or other public participation processes; (ii) evaluates the full range of existing and incremental resources in order to meet expected future demand at lowest system cost; (iii) treats demand-side resources and supply-side resources on a consistent and integrated basis; (iv) takes into account necessary features for system operation such as diversity, reliability, dispatchability, and other factors of risk; (v) may take into account other factors, including the social and environmental costs and benefits of resource investments; and (vi) is being implemented by the applicant to the maximum extent practicable. (5) Demonstrate that the qualified energy conservation measure adopted or qualified renewable energy generated, or both, are consistent with the least cost plan or lea… | |||
| 40:40:18.0.1.1.2.6.1.4 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.83 Secretary of Energy's action on net income neutrality applications. | EPA | (a) First come, first served. The Secretary of Energy will process and certify net income neutrality applications on a “first-come, first served” basis, according to the order, by date and time, in which they are received from either the applicant or, in the case of an application submitted to the Administrator and then forwarded to the Secretary, from the Administrator. (b) Deficient applications. If the Secretary of Energy determines that the net income neutrality certification application does not meet the requirements of § 73.82 (a)(9) and (b), the Secretary will notify the applicant and the Administrator in writing of the deficiency. The applicant may then supply additional information or a new revised application as necessary for the Secretary to make a determination that the applicant meets the requirements of § 73.28(a)(9) and (b). Additional information or revised applications will be processed according to the date of receipt of such information or revisions. (c) Notification of approval. The Secretary of Energy will review the net income neutrality application to determine whether it meets the requirements of § 73.82 (a)(9) and (b) and will certify this finding in writing to the applicant and to the Administrator within 60 calendar days of receipt of the net income neutrality application or a revised application, except that the Secretary may specify a later date for certification. | ||||
| 40:40:18.0.1.1.2.6.1.5 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.84 Administrator's action on applications. | EPA | (a) First come, first served. The Administrator will process and approve Allowance Reserve applications, in whole or in part, on a “first-come, first-served” basis as established by the order of date of receipt, provided that the Administrator shall not allocate more than a total of 30,000 allowances in connection with applications based on any one of the four categories of qualified renewable energy generation enumerated in § 73.81(c)(2)(i) and appendix A(3.1-3.4). (b) Deficient applications. An application is deficient and will be returned by the Administrator if it fails to meet the requirements set forth in this subpart, including those set forth in § 73.82. A revised application that is submitted after being returned for failure to meet the requirements of this subpart will be processed according to the date of receipt of the revised application. (c) Notification of approval. Applications that the Administrator determines to be complete and correct will be conditionally approved, subject to notification to EPA of a net income neutrality certification from the Department of Energy, within 120 calendar days of receipt. Allowances from the Reserve will be awarded subject to the Department of Energy certification, or, if a DOE certification has already been issued to the applicant, allocated to applicants from such applications depending on the availability of allowances in the Reserve. In the event the initial application approval is conditioned upon the Secretary of Energy's certification, final approval will be granted upon notification of certification by the Secretary of Energy pursuant to § 73.83. The Administrator will notify applicants of final approval in writing. (d) Allocation of allowances. Beginning in 1995, the Administrator will allocate allowances from the Reserve for each approved application into the applicant's account or accounts in the Allowance Tracking System. If the applicant does not have an account in the Allowance Tracking System, or wishes to open a new account for the allo… | ||||
| 40:40:18.0.1.1.2.6.1.6 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.85 Administrator review of the reserve program. | EPA | (a) Administrator review of the Reserve and creation of a subaccount. In the event that an allocation of allowances from the Reserve pursuant to a pending application would bring the total number of allowances allocated to a number greater than 240,000, the Administrator will review the distribution of all allowances allocated as follows: (1) If at least 60,000 allowances have been allocated from the Reserve for each of (i) Qualified energy conservation measures, and (ii) Qualified renewable energy generation, allocations of allowances will continue pursuant to § 73.82, until no more allowances remain in the Reserve. (2) If fewer than 60,000 allowances have been allocated for either qualified energy conservation measures or qualified renewable energy generation, the Administrator will establish a subaccount for the allocation of allowances for applications based on the category for which fewer than 60,000 allowances have been allocated. The subaccount will contain allowances equal to 60,000 less the number of allowances previously allocated for such category. (b) Allocation of allowances from the subaccount. The Administrator will allocate allowances from the subaccount established pursuant to paragraph (a) of this section to approved and DOE certified applicants that fulfill the requirements of this subpart, including § 73.82 and § 73.83, on a “first-come, first-served basis”, pursuant to § 73.84(a), until the subaccount is depleted or closed pursuant to paragraph (c) of this section. (c) Closure of the subaccount. Unless all allowances in the subaccount have been previously allocated, the Administrator will terminate the subaccount not later than February 1, 1998 and return any allowances remaining in the subaccount to the general account of the Reserve. After all Reserve allocations have been made to applicants with approved and DOE certified applications subject to § 73.84(f)(3), the Administrator will allocate any remaining allowances to any applicants that meet the requirements of this subpart… | ||||
| 40:40:18.0.1.1.2.6.1.7 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | F | Subpart F—Energy Conservation and Renewable Energy Reserve | § 73.86 State regulatory autonomy. | EPA | Nothing in this subpart shall preclude a State or State regulatory authority from providing additional incentives to utilities to encourage investment in any conservation measures or renewable energy generation. | ||||
| 40:40:18.0.1.1.2.7.1.1 | 40 | Protection of Environment | I | C | 73 | PART 73—SULFUR DIOXIDE ALLOWANCE SYSTEM | G | Subpart G—Small Diesel Refineries | § 73.90 Allowance allocations for small diesel refineries. | EPA | [58 FR 15716, Mar. 23, 1993; 58 FR 33770, June 21, 1993; 62 FR 55486, Oct. 24, 1997] | (a) Initial certification of eligibility. The certifying official of a refinery that seeks allowances under this section shall apply for certification of its facility eligibility prior to or accompanying a request for allowances under paragraph (d) of this section. A completed application for certification, submitted to the address in § 73.13 of this chapter, shall include the following: (1) Photocopies of Form EIA-810 for each month of calendar years 1988 through 1990 for the refinery; (2) Photocopies of Form EIA-810 for each month of calendar years 1988 through 1990 for each refinery owned or controlled by the refiner that owns or controls the refinery seeking certification; and (3) A letter certified by the certifying official that the submitted photocopies are exact duplicates of those forms filed with the Department of Energy for 1988 through 1990. (b) Request for allowances. (1) In addition to the application for certification, prior to, or accompanying, the request for allowances, the certifying official for the refinery shall submit an Allowance Tracking System New Account/New Authorized Account Representative Form. (2) The request for allowances shall be submitted to the address in § 72.13 and shall include the following information: (i) Certification that all motor fuel produced by the refinery for which allowances are claimed meets the requirements of subsection 211(i) of the Clean Air Act; (ii) For calendar year 1993 desulfurized diesel fuel, photocopies of Form 810 for October, November and December 1993; (iii) For calendar years 1994 through 1999, inclusive, photocopies of Form 810 for each month in the respective calendar year. (3) For joint ventures, each eligible refinery shall submit a separate application under paragraph (b)(2) of this section. Each application must include the diesel fuel throughput applicable to the joint agreement and the requested distribution of allowances that would be allocated to the joint agreement. If the applications for refineries involved in the joint … |
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